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HomeMy WebLinkAboutContracts & Agreements_158-2012_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT ru This Public Works Construction contract ("Contract") made and entered into this day of SepaFivwm, 2012, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and MMC Inc�(hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work and complete all items as required by the Contract Documents (as herein defined) and Specifications for City's COUNTRY CLUB RESERVOIR BOOSTER STATION AND SITE IMPROVEMENTS, City Project 71227. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$879,110.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22')00, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Eighty (180) calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of one thousand dollars ($1000) for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that one thousand dollars ($1000)per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein,to wit;Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications, and any addenda thereto. 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20100. All,claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision(a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. City of Redlands (SEAL) (Owner) -A Mayor, City of Redlands, County of San Bernardino, California ATTEST: City Clerk, i&Redlands County of San Bernardino, California (SEAL) MMC Inc , Name of Contractor By: �y Signature of Auth"g'ent Pre5'lcleytt- Title Signature of Authorized Agent(if necessary) Title ,5 Contractor's License No. WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities& Engineering Department COUNTRY CLUB RESERVOIR BOOSTER STATION AND SITE IMPROVEMENTS Project No. 71227. Labor Code, Section 3700,provides, in part that: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 186 1) Dated this day of'3eP+*0 -0 12, MMC lylc (Contractor) ,x4v*t kyturer— (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) Bond No.B10018 675 (I of 2 Originals) MJU%A IS 'TIED OtA f lif PaAL 4c r r PfLice FIN � PERFORMANCE BOND Whereas,the City Council of the City of Redlands,State of California,and-M' ,hta Mechanical Company,Inc.. dba MMC Inc. ..............-(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement,dated .2012 and identified as COUNTRY CLUB RESERVOIR BOOSTER STATION AND SITE IMPROVEMENTS Project No.71227 is hereby referred to and made a part hereof;and Whereas,said Principal is required under the terms of said agreement to furnish a bond for the performance of said project. Now,themfoM said Principal and Aegis Security Insurance Company as surety, am held firmly bound unto the City of Redlands(hereinafter call"C '),in the penal sum of Eight Hundred Seventy-Nine Thousand One Hundred Ten and 001"100 Dollars($87 110.00 ) lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administratoMjointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrator, success= or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless the City,its elected officials,officers,agents and employees,as therein stipulated,then this obligation shall become null and void-,otherwise it shall be and remain in full force and effect. As a put of the obligation secured hereby and in addition the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully an&rcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stiptilates and agrees that no change,extension of time, alteration or addition to tine terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligafions, on this bond, and it does hereby waive notice of any such change, wension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the Principal and surety above named,on September 11 2012 {SEAL) (SEAL) Mehta Mechanical Company,Inc.,dba MMC Inc, Aegis Se� r' ,I s Raq ' Pany By: CC-k1MJ ,!,:ffAA1A 13Y. ij/ C�- 11 1 (gignature) Randy Spo (9 Attorney-alu-Fact Addf9miture) ) 030 North Rocky Point Drive W.Suite 270 ress:t LTampa,FL 33607 (Seal and Notarial Acknowledgment of Telephone( 813 )374-9265 Power Certificate N . CA 106 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint: RANDY SPOHN AND MATTHEW R. DOBYNS its true and lawful Attornev-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows: S2.5 MILLION This Power of Attorney is granted and scaled under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-in-Fact or under other appropriate titles with authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On anv instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On anv instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or fixed or in anv other manner reproduced:provided,however,that the seal shall not be necessary to the validity of any such instrument or rn undertaking." rm' "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant Vice President,any Secretary or Assistant Secretary and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, Z appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and 0 facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHERE-OF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these Z h presents to be signed by its President this 25 , day of January,2012. M AEGIS SECURITY INSURANCE COMPANY NAS Z BY: 0 4 DARLEEN J.FRITZ ju Z ul 1977 President Commonwealth of Pennsylvania I s.s,: Harrisburg County of Dauphin I On this 25th day of January,2012,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and say,that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument:that she knows the seal of the said corporation.that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. OF REBECCA LIDDICK Notary Public Ply P %, IV Commission Expires July 25,2013 1,the undersigned.Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania'corporation,DO HEREBY CERTIFY that the foregoing,and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the Z� - Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the Citv of Harrisburg,in the Commonwealth of Pennsylvania,dated this 11 d,,,-y,f September, 2012. U4 DEBORAH A.GOOD 0 Secretary b ie * CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 1 1 before me. ERIKA GUIDO. NOTARY PUS�C, personally appeared RANDY SPOHN Q who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/#& authorized capacity (ies), and that by his/her/diem signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO COMM4 1843731 WITNESS han7i" icial seal. NOTARY PUBUC CALIFORNIA v ORANGE COUNTY ex ^� My cumm.expire=May 5.2413 � 0PTWNAL Though the data below is not required by law, it may prove WaIuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Bond No.B 10 018 675 (I of 2 Originals) Surety) LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands,State of California,and Mehta Mechanical Company.Inc., dba MMC Inc. (hereinafter designated as 'Trinciparl have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement dated 20—12--, and identified as COUNTRY CLUB RESERVOIR BOOSTER STATION jiRl)—SITE IMPROVEMENTS Project No.7'1227 is hereby referred to and me&a part hereof;and Whmas,under the terms of said agreement Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now,thereforej said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers, material men and other persons employed in the performance oaf the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eieht Hundred Sev n _ T ine Thousand One Hundred I 110.00 ) for mpiterials lobed or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with rmespectto such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in caw suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation,to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered, * Ten and 001100 It is hereby expressly stipulated and agreed that this bond shell insum to the benefit of any and all Persons, Companies and corporations entitled to file claims under Title 15 (conitnencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the tam of said agreement or the speelfications accompanying the same shall in any manner affect its obligations on this bond,and it doce halby waive notice of any such change,extension of time,alteration or addition. In wiroeiia wlrermf, this instrument has been duty executed by the Principal and surety above named, on September 11 —202 (SEAL) (SEAL) Mehra Mechanical Company,Inc.,dba MMC Inc. AeOs Sec ns ifa� rnbany By: Randy Sfo T106ifin4minmey-in-Fact Address,!3 TOLONorth Rocky Point Drive W,Suite 270 North 0�- T rnpa.FL 313607 (Seal and Nomijil Acknowledgimrit of Surety) TWV—hm—p.—(ff L74-9265 Power Certificate No. CA 106 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint: RANDY SPOHN AND MATTHEW R.DOBYNS its true and lawful Attorney-in-Fact.to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows: $2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-in-Fact or under other appropriate titles with authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On g any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or 0 fixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Z "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant Vice President,any Secretary or r- Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate-relating thereto, z appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and p facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." 0 IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by its President this 25"'day of January,2412. K M AEGIS SECURITY INSURANCE COMPANY W r%143U z By�DARLEEN J.FRITZ1977 m President Commonwealth of Pennsylvania } � } s.s.:Harrisburg County of Dauphin } On this 25`h day of January,2012,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument;that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. a" C��. o �REBECCA LIDDICK Notary Public My Commission Expires July 25,2013 Ply 1P 1,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Penns lNvania corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not begin_revoked: and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this'l.1 flay of Septem—ber, 2012. Zrl' U °* � DEBORAH A.GOOD cA 1977o Secretary `��� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of !CALIFORNIA County of _ORANGI On 1 l L before me. ERIKA GUIDO. NOTARY PUBLIC. personally appeared RANDYSPOHN E) who proved to me on the basis of satisfactory evidence to be the personfs) whose name(.5) islafe subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/heF/ wolf authorized capacity ¢+es), and that by his/hef/OwO signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO `+ COMM.# 1843731 WITNESS and and official seal. - NUTARY PUSUC CAUXW �1 ORANGE COUNTY N v My comm,expires May 5.2013 [►[�� f 144d ature ry O'1"MAL• Though the data below is not required by law, it may prone valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)